These terms and conditions (“the terms”) regulate your access and usage of any of the following websites:
(“the websites”). By accessing and using the websites, you agree to be bound by the terms.
The websites are owned and managed by Highbury Media (Pty) Ltd (“HSM”) a private company duly registered in accordance with the company laws of the Republic of South Africa of 7 Walter Sisulu street, Cape Town South Africa and can be contacted via email using the address [email protected].
2.1 “account” means your registration account for use of our service;
2.2 “content” means any information, data, text, software, music, sound, photographs, graphics, video, messages and tags;
2.3 “copyright act” means the Copyright Act 98 of 1978 and any amendments made thereto from time to time;
2.4 “downloads” means any software, data, files or content retrieved, viewed, or downloaded by you through your registration to or use of a service;
2.5 “Intellectual Property Rights” means any and all rights, title and interest in and to (whether registered or not) any intellectual property, copyright, related rights, patents, trade marks, trade names, designs, know how, trade secrets, inventions, goodwill, source code, meta tags, databases, text, content, graphics as may exist anywhere in the world;
2.6 “register” means your act of registering to a service in any way including but not limited to writing, through the internet or by telephone, and registration has a corresponding meaning;
2.7 “service or services” means inter alia content, product, software, downloads, games or other service which the website may provide from time to time;
2.8 “third party service” means any service or content, whether related or similar to our services, which is provide by us in collaboration with a third party, or which is provided to us by a third party to enable us to provide the services;
2.9 “use” includes but is not limited to accessing, retrieving, downloading, logging on to, contributing to, or viewing a service, and user has a corresponding meaning;
2.10 “username” means any name, password, number, or email address allocated to you or created by you when registering to or using our services;
2.11 “rules” means any rules which appear on the website and which purport to regulate a service;
2.12 “we, us and our” means HSM and its agents and affiliates;
2.13 “you” means the user and any user who registers to a service.
You are bound by the terms for as long as you subscribe to or use the service.
Provision of Services
4.1 We will always endeavor to provide the services to the user.
4.2 You are however aware that there are various factors, such as transmissions over various networks, which we do not have control over.
4.3 We do not warrant or guarantee that any service will always be available and reliable and free of errors or interruptions.
4.4 You further acknowledge and accept that we do not encrypt any content or communications from and to the website and we do not provide digital authentication of any page on the site.
4.5 You understand that advertising plays an important role in the provision of the services and that we will display advertisements and other information as part of the services which you may use.
4.6 From time to time we may send promotional email to you.
4.7 Where we publish or provide content or advertisements as part of a service we do not warrant or guarantee that the content or advertisements are suitable, accurate, reliable or lawful.
6. 6.1 6.1.1 6.1.2 6.1.3 7. 7.1
7 .2 7.3
We shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such advertisers on the website.
Suspension or termination of services
We may suspend, interrupt, change or end any service or any part thereof at any time for any reason in our sole discretion without notice to you and without incurring any liability to you.
Use of services
You agree to use these services:
in accordance with the rules and the terms; for lawful purposes;
for the purposes for which they are designed. Your information
When you register to or start to use a service, if requested by us, you will provide us with your full names, email address and telephone number. In so doing you warrant that all information provided by yourself is true and correct.
We may treat any misrepresentations by you as a fraudulent act.
You agree that, as long as you use or have registered to a service, we may collect and store your personal information.
8.1 Any username, password, number or email address allocated to you or created by you, when registering for the service, will entitle you access to the services provide you comply with these terms.
8.2 You undertake to:
8.2.1 keep your username and password confidential and not disclose it to any third party;
8.2.2 inform us immediately should a third party gain access to your username or password.
8.2.3 accept responsibility for all use of or activity on a service under your username.
8.2.4 indemnify us against any claim whatsoever arising from any use of your username by a third party or your breach of this clause 8.
9. Intellectual Property
9.1 We retain all intellectual property rights to downloads.
9.2 You will not, unless with our express consent:
9.2.1 sell or otherwise transfer any downloads to any third party;
9.2.2 appropriate the downloads in whole or in part for any other purpose;
9.2.3 incorporate the downloads into any other content for any reason whatsoever;
9.2.4 You may retrieve, store, cite or refer to or print content from the website for educational, research or non-commercial purposes only, as provided for in the Copyright Act.
9.2.5 You may not reproduce, publish, perform, broadcast, make an adaptation of or sell any copy of any content in respect of which we own the copyright without our consent.
9.2.6 You acknowledge that we own the right, title and interest in and to the services developed and provided by us, the system which provides the services and all software associated with the services as well as all intellectual property rights thereto.
9.2.7 You will retain ownership of any original content that you provide when using the service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our service, however with regards to content which you may upload or make available for inclusion on publicly accessible areas, you grant us irrevocable rights to use, publicly display, publish, reproduce, distribute, broadcast, adapt, modify and promote on any medium.
10. Limitation of our Liability
10.1 You register and use any service at your own risk.
10.2 We are not liable to you or any other third party for any damages suffered by you or a third party howsoever arising from your registration to, use of or reliance on a service, including but not limited to any damages suffered by you due to:
10.2.1 access to the website or websites linked thereto;
10.2.2 an interruption of or error in the service including an inability to access the website;
10.2.3 inaccurate information or unreliable results;
10.2.5 our failure to fulfill our obligations as a result of uncontrollable events; 10.2.6 disclosure of your personal information.
11. Competitions, games, promotions and prizes
11.1 The following rules shall apply to all competitions, games, promotions and prizes unless other rules are specifically provided in relation to a game, promotion, competition or prize:
11.1.1 To be eligible for the competition, participants or entrants must reside permanently in the Republic of South Africa, unless otherwise stated.
11.1.2 Any requirements to be eligible for the competition in addition to the terms in this section will be clearly stated for each competition.
11.1.3 The outcome of a competition is subject to the decision of the judge, photographer or organiser of the competition, whose decision is final and binding, and no negotiations and or correspondence will be entered into after the fact.
11.1.4 The outcome of a game is subject to the game participant exercising the appropriate skill which results in that participant achieving the highest points in the game and winning the game as a direct result of their skill.
11.1.5 The period for the competition, promotion or game is clearly stated on the competition, promotion or game page or in the relevant rules which shall appear on the competition, promotion or game page. No entries
will be accepted after that date;
11.2 By participating in the competition, promotion or game you release and hold us harmless from any and all losses, harm, damages, rights, claims and actions of any kind in connection with the competition, promotion or game or resulting from the participation in any competition or game or acceptance, possession, use or receiving of any prize, including, without limitation, personal injuries, death and property damage, and claims based on publicity rights, defamation or invasion of privacy;
11.3 We reserve the right, in our sole discretion, to cancel or suspend any competition, promotion or game;
11.4 The prize winner will be notified via e-mail or telephone call and information could be published in the website;
11.5 Only one participant or entrant per household is entitled to winning one prize in any competition;
11.6 If the prize is not claimed within 30 days of the prize-winner being announced, the winner automatically forfeits the prize and we reserve the right to redistribute or dispose of the prize at its discretion;
11.7 Prizes may not be exchanged for cash or any other prize, nor are they transferable;
11.8 Participants or entrants must have attained the age of eighteen (18) at the time of participating in the competition, promotion or game unless otherwise stipulated;
11.9 No staff member of Highbury Safika Media and/or any of their affiliated companies or agencies, and members of their immediate family; nor staff members of the sponsors of any competition, or any of their
affiliated companies or agencies, and members of their immediate family, may enter any of the competitions offered partly or in whole by Highbury Media;
11.10 We are not responsible for lost, delayed, misdirected, unintelligible or incomplete electronic mail, telephone, electronic hardware and software program, network, internet and computer malfunctions, failures and difficulties, errors in transmission or any condition caused by events beyond our control which may cause the competition, promotion or game to be disrupted or corrupted.
11.11 Subject to sponsor conditions or other agreements, we undertake to deliver prizes to respective winners only where such winners are located and reside within the Republic of South Africa. Winners resident or located anywhere outside of the defined area will be accountable for any costs incurred by the collection or receiving of any prize/s that they have won.
11.12 The participants or entrants entering or taking part in the competition, promotion or game authorise us to publish or distribute any or all the details of the participant or entrant and or to take pictures of the participant or use the participant’s details or photographs in any advertising or promotional material without any liability on our part and or remuneration due to the participant or entrant.
11.13 Any violation or attempt to violate any of the above terms and conditions will result in the immediate disqualification of the participant or entrant.
12.1 If you breach any of the terms, then we may, without prejudice to any of our other rights and without notice to you:
12.1.1 claim immediate payment of any outstanding amounts due to us;
12.1.2 stop or suspend your use of any services;
12.1.3 terminate this agreement;
12.1.4 retain all amounts already paid by you and recover all costs associated with your breach.
You authorize us to communicate with you from time to time about our services including but not limited to special offers, discounts, promotions, operational changes and/or new services.
The terms are governed by and construed under the laws of the Republic of South Africa and all disputes and other matters relating thereto shall be determined in accordance with such law.
You hereby consent to the jurisdiction of the Western Cape High Court,
16.1 The terms constitute the whole of the agreement between us and you
relating to the matters dealt with herein.
16.2 No undertaking, representation, warranty, guarantee, term or condition relating to the terms not incorporated therein will be binding on you or us.
17.1 You select as your address for the purpose of receiving legal process and notices, the address furnished when you register to or start using a service.
17.2 We may send you any notices (other than legal process) by email.
17.3 You will notify us of any change in address.
17.4 We select as our address for the purposes of receiving legal process and notices the address in 1 above.
18.1 Any waiver, indulgence, relaxation or extension of any of the terms will
be effective only in the specific instance and for the purpose given.
18.2 No failure or delay on our part in exercising any of our rights will constitute or be deemed to be a waiver.
18.3 No single or partial exercise by us of any of our rights will preclude us from any other or further exercise thereof.
19.1 Each provision of the terms is severable from the other provisions.
19.2 If any provision is found to be invalid or unenforceable, the remainder of the terms will remain enforceable.
20.1 We shall endeavor to protect your privacy as best we can however we
do not accept liability for any unauthorised or unlawful disclosures of your personal information made by third parties who are not subject to our control.
20.2 We voluntarily subscribe to the principles outlined in Section 51 of the Electronic Communications and Transactions Act 25 of 2001.
20.3 When you access the website we will receive various information such as the IP (internet protocol) address of the your computer.
20.4 We will use this information to improve the content of the service and you consent to us doing so.